Insight Law LLP
Collaborative Family Law
Collaborative family law is an approach to divorce and separation where you and your spouse or partner create an affordable agreement with the support of registered collaborative family lawyers. Registered collaborative financial and psychological specialists may also be engaged, depending on your circumstances.
The process is non-adversarial and is typically less expensive and less time-consuming than going to court. It puts the needs of children first, and may preserve parenting relationships despite difficulties in your relationship with each other. With the help of your collaborative family lawyers, you create financial plans and a separation agreement that cover each of your concerns.
Collaborative Divorce Alberta Association and the Association of Collaborative Family Professionals have provided a helpful document explaining the Collaborative Divorce process.
Common Questions Regarding Family Law In Alberta
Collaborative separation and divorce is a respectful process for resolving conflict with the help of specially trained lawyers and other professionals, without going to court. At the outset, the participants sign a collaborative participation agreement that outlines responsibilities and expectations for the process.
Participants in the collaborative process agree to:
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Voluntarily disclose all information that is relevant to the issues being discussed
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Engage with good faith efforts to reach a mutually agreeable resolution
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Agree to be represented by a registered collaborative family lawyer
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Agree that if they cannot settle their differences, their relationship with their collaborative lawyer ends and they may find a different lawyer to proceed to court
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Engage financial, mental health and/or parenting specialists if the need arises
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The collaborative process is regulated internationally by the International Association of Collaborative Professionals and locally by the Association of Collaborative Family Professionals. In order to become registered collaborative professionals, members of these associations must go through intensive training in dispute resolution, mediation and negotiation. A collaborative family lawyer:
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Has specific training to help you resolve a broad range of family issues.
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Facilitates settlement meetings and negotiations.
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Strives to reach agreements that best meet the specific needs of clients and their children without the underlying threat of litigation and the uncertain outcome of court.
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Provides advice and guidance throughout the collaborative process.
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Works with you on the legal aspects of your separation and/or divorce.
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Partners with other members of the collaborative team (financial professionals, divorce coaches, child specialists, parenting coaches) to find solutions that take into account all of your needs.
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Collaborative separation and divorce is often cheaper than going to court and pursuing a trial. It is also often faster, less depressing, and less distressing. Under-resourced court systems are backed up, so getting a trial date can often take one to two years. Shorter hearings, such as special chambers or judicial dispute resolution hearings, typically take 6-12 months.
The collaborative process operates at a pace that works for you. If you need it done quickly, your lawyers will try to make this happen. If you need more time to understand what is happening to you or to speak with a financial or psychological specialist, you can have it. The key is that the process respects your concerns and needs while you work through your issues with your former partner or spouse. It is tailored to you in a way that courts cannot duplicate, and you also retain more control over the process than you do in a traditional litigation proceeding.
The key is that the process respects your concerns and needs while you work through your issues with your former partner or spouse. It is tailored to you in a way that courts cannot duplicate, with you retaining more control over the process than you would in a traditional litigation proceeding.
For more information see https://insightlaw.ca/practice-areas/mediation-edmonton/ and https://insightlaw.ca/practice-areas/collaborative-law-edmonton/.
Yes, both lawyers must be Registered Collaborative Family Lawyers in order for you to engage in the collaborative separation and divorce process.
Yes. You can stop the litigation process and begin a collaborative family law process at anytime.
Yes. Common law couples can use the collaborative process to work out how they will separate. The process remains the same. The outcome is typically a separation agreement that outlines how each will deal with issues of parenting, support, property, and other issues unique to you.
